Barr v. Overmyer (In Re Overmyer)

DECISION ON MOTION TO ALTER OR AMEND JUDGMENT

HOWARD SCHWARTZBERG, Bankruptcy Judge.

Daniel H. Overmyer, the debtor and defendant, in this case has moved pursuant to Federal Rule of Civil Procedure 60(b) to alter or amend this court’s order dated August 23, 1991, which dismissed his appeal for failing to take any further action to perfect the appeal after he filed his notice of appeal. The debtor’s basic point is that a bankruptcy court lacks jurisdiction to dismiss an appeal after a notice of appeal has been filed. The trustee in bankruptcy argues that this court has authority under 11 U.S.C.…